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Patent
Annual Fees

 

 

 

  • "The patentee shall pay an annual fee beginning with the year in which the patent right was granted." (Chinese Patent Law, Article 43)

  • "Where the applicant for a patent for invention has not been granted a patent right within two years from the date of filing, it or he shall pay a fee for the maintenance of the application from the third year." (Implementing Regulation Under Chinese Patent Law, Rule 94)

  • "When the applicant goes through the formalities of patent registration, it or he shall pay the patent registration fee, the patent publication fee and the annual fee of the year in which the patent right was granted. The applicant for patent for invention shall pay all the maintenance fees of the application for each year, excluding that for the year in which the patent right was granted. If such fees are not paid in the prescribed time limit, the patent registration shall be deemed not to have been made. The subsequent annual fees shall be paid in advance within the month before the expiration of the preceding year." (Implementing Regulation Under Chinese Patent Law, Rule 95)

  • "Where the annual fee of the years after the year in which the patent was granted is not paid in due time by the patentee, or the fees are not paid in full, the Patent Administrative Organ under the State Council shall notify the patentee to pay the fee or to make up the insufficiency within six months from the expiration of the time limit within which the annual fee was to be paid, and at the same time pay a surcharge; the amount of the surcharge is computed by an addition of 5% of the total amount of the annual fee of the same year for each month lapsed after the time limit prescribed for the payment. Where the fees are not paid within the time limit, the patent right shall be deemed lapsed from the expiration of the time limit within which the annual fee should be paid." (Implementing Regulation Under Chinese Patent Law, Rule 96)

 

 

 

 

 

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